Stopped by a San Diego cop. DUI investigation. Cop gets out a hand-held breath test estimator. This “Preliminary Alcohol Screening (PAS)” test is part of the San Diego cop’s DUI evidence collection.

The PAS test is in the street, at the side of the road, or somewhere other than jail or the station. The PAS is something requested of you before arrested for San Diego DUI. But, as attorneys must remind, the PAS is not required in California unless you are under 21 years of age or on probation.

Technically, a PAS test is statutorily defined as a “field sobriety test,” say drunk driving lawyers who quote the California Vehicle Code. Field Sobriety Tests are investigatory tools to assist a San Diego California DUI officer decide if you should be arrested or not for DUI. No matter what he or she says, the cop tries to admit the hand-held test numbers to be considered against you.

There are some possible bizarre consequences. For example, agreeing to blow in a PAS breath estimator but subsequently refusing to submit to the required chemical test of blood or breath test machine after your arrest can be considered a refusal with a one to two year suspension/revocation…even if when you blow in the roadside PAS breath test gadget you believe you are satisfying the legal requirement to so blow. Make sense? Welcome to California.

San Diego DUI criminal defense attorney Rick Mueller’s new “Refusal” Article discusses this in depth. Check out the legal defenses and fine distinctions on this and related subjects.

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